There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
Blog
The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Search Posts
Blog
Small Business Regulations: Obama Red Tape Exceeds Bush Level
As we noted last week, President Obama has issued nearly half again as many “major,” $100-million regulations during his six years as President as George…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
While the number of new regulations last week was normal, their cost was abnormal, totaling well over half a billion dollars just for the four…
Fox News
Regulation Nation: Gov’t regs estimated to pound private sector with $1.8T in costs
Fox News cites Wayne Crews' work on regulatory compliance: For America's businesses, the Obama administration has an unpleasant holiday surprise.
Blog
Obama’s Major Regulations 50 Percent Higher than Bush
Back in 2012, President Obama emphasized that he had issued fewer rules in his first three years as president than his predecessor President George W. Bush.
Washington Examiner
Regulation Nation: Obama Issues Nearly 50% More Costly Regs Than Bush
The Washington Examiner cites Wayne Crews' work comparing President Bush's regulations to President Obama's: "According to an analysis by Clyde Wayne Crews Jr.,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Regulators had much to be thankful for during the short Thanksgiving work week, with new rules covering everything from grocery store ads to wireless signal…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment